Predatory marriages have hit the headlines in recent years, with growing concern that wealthy, elderly people are being romantically targeted for their money. These marriages often go unnoticed until after death, when a shocked family discovers that the estate has passed to the new spouse.
While such cases may sound sensational, they are far from rare. Many contentious probate practitioners report a rise in enquiries from families worried about similar scenarios. The Law Commission’s recent report into modernising wills is therefore both timely and legally significant.
The Legal Loophole at the Heart of Predatory Marriage
At the heart of the issue lies Section 18 of the Wills Act 1837, which provides that marriage revokes all prior wills, unless the will was made in contemplation of that specific marriage. The implications can be considerable, particularly as people live longer and may become increasingly vulnerable to coercion or manipulation, especially when they live alone or do not have regular contact with friends or family. The law creates a scenario where someone acting in bad faith can form a relationship with an elderly or cognitively impaired individual, knowing that a subsequent marriage will override any existing testamentary wishes. If no new will is made, the rules of intestacy apply, in many cases resulting in the entire estate passing to the new spouse. This may sound like a hypothetical problem, but it’s a very real problem. In 2021, Daphne Franks made national headlines after her 87-year-old mother’s estate passed to a man who had quietly befriended and later married her. The marriage, and resulting intestacy, left Daphne with no legal recourse, prompting her campaign to repeal Section 18.
Limited Legal Remedies for Families
For practitioners, the core difficulty lies in the limited legal remedies available once the individual has died. A marriage can be annulled on grounds of lack of capacity or undue influence, but only while the individual is still alive. In practice, families tend to seek legal advice after the death has occurred – at which point annulment is no longer an option. That leaves very few routes forward. One possibility is a claim under the Inheritance (Provision for Family and Dependants) Act 1975, requiring the claimant to show that the estate fails to make “reasonable financial provision” for them. While this can be a helpful tool in some cases, it’s no silver bullet. These claims are often complex, costly, and emotionally draining – and must be made within a strict time limit, often when families are still coming to terms with their loss.
Reform on the Horizon
The Law Commission’s proposals, published in May 2025 as part of its Modernising Wills project, offer a much-needed opportunity to strengthen the existing legal framework. Crucially, they recommend abolishing the rule that marriage revokes a will – a reform that would directly address the risk of predatory marriages. The Commission also proposes aligning the test for testamentary capacity with the Mental Capacity Act 2005, giving courts greater flexibility to infer undue influence, and introducing the option of secure, regulated electronic wills. Together, these changes would bring wills law into line with modern social and technological realities, while better safeguarding vulnerable individuals.
However, change won’t happen overnight. Legislative reform will take time, and until it’s implemented, the responsibility to spot and mitigate these risks rests with practitioners. That means being alert to clients who may be vulnerable or in new relationships, especially later in life. Advisers should routinely raise the issue of how marriage impacts wills, and any will being made in contemplation of a specific marriage should say so explicitly. This small step alone can prevent a will being inadvertently revoked. Capacity assessments should also be considered where appropriate, particularly where there are signs of cognitive decline or potential influence. Detailed attendance notes are essential in these scenarios – not just to protect the client, but also to demonstrate that robust discussions took place.
Encouraging Dialogue and Internal Safeguards
Practitioners should also encourage clients to keep trusted family members informed of significant life changes. Open communication can be a powerful tool in identifying safeguarding concerns early, before a marriage takes place. Of course, not all clients will be comfortable with this, but where they are willing, family dialogue can help raise red flags early and reduce future conflict. For higher-risk clients, it may also be worth considering whether a Lasting Power of Attorney should form part of the broader estate planning conversation. While an LPA cannot prevent marriage, it is a key tool in managing financial affairs and spotting abuse. Equally, firms may benefit from reviewing internal procedures around vulnerability – for example, implementing training for staff on identifying undue influence, financial abuse, and behavioural red flags.
Ultimately, while the Law Commission’s proposals offer hope for future reform, practitioners must be proactive now. That means giving clear, early advice, taking safeguarding seriously, and ensuring clients understand the risks posed by marriage to their existing testamentary arrangements. Solicitors remain the gatekeepers of testamentary intent. By staying alert to these issues, we can play a vital role in protecting clients from abuse and ensuring their final wishes are respected.
James Wallace is a Contentious Trusts & Probate Partner at Aaron & Partners
